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201901173 <br />pursuant to this provision shall be payable by Grantor on demand and added to the indebtedness <br />hereby secured. <br />28. Construction Loans. (1) Pursuant to the Nebraska Trust Deeds Act transfers in <br />trust of real property may be made to secure (a) existing debts or obligations created <br />simultaneously with the execution of the Deed of Trust, (b) debts or obligations created <br />simultaneously with the execution of the Deed of Trust, (c) future advances necessary to protect <br />the security, even though such future advances cause the total indebtedness to exceed the <br />maximum amount stated in the Deed of Trust, (d) any future advances to be made at the option of <br />the parties in any amount unless, except as otherwise provided under subsection (2) or (3) of this <br />section, a maximum amount of total indebtedness to be secured is stated in the Deed of Trust, or <br />(e) the performance of an obligation of any other person named in the Deed of Trust to a <br />Beneficiary. The total amount of indebtedness hereby secured may increase or decrease from <br />time to time, but the total unpaid balance of indebtedness hereby secured (including <br />disbursements which Beneficiary may make under this Deed of Trust, the Credit Agreement or <br />any other documents related thereto) at any one time outstanding shall not exceed a maximum <br />principal amount of One Hundred Thirteen Million and No/100 Dollars ($113,000,000) plus <br />interest thereon and any disbursements made for payment of taxes, special assessments or <br />insurance on the Mortgaged Premises and interest on such disbursements. <br />(2) Future advances necessary to protect the security shall include, but not be limited to, <br />advances for payment of real property taxes, special assessments, prior liens, hazard insurance <br />premiums, maintenance charges imposed under a condominium declaration or other covenant, <br />and costs of repair, maintenance, or improvements. Future advances necessary to protect the <br />security are secured by the Deed of Trust and shall have the priority specified in subsection (3) of <br />this section. <br />(3) (a) Except as provided in subdivision (b) of this subsection, all items identified in <br />subsection (1) of this section are equally secured by the Deed of Trust from the time of filing the <br />Deed of Trust as provided by law and have the same priority as the Deed of Trust over the rights <br />of all other persons who acquire any rights in or liens upon the trust property subsequent to the <br />time the Deed of Trust was filed. <br />(b)(i) The Grantor or his or her successor in title may limit the amount of optional future <br />advances secured by the Deed of Trust under subdivision (1)(d) of this section by filing a notice <br />for record in the office of the register of deeds of each county in which the trust property or some <br />part thereof is situated. A copy of such notice shall be sent by certified mail to the Beneficiary at <br />the address of the Beneficiary set forth in the Deed of Trust or, if the Deed of Trust has been <br />assigned, to the address of the most recent assignee reflected in a recorded assignment of the <br />Deed of Trust. The amount of such secured optional future advances shall be limited to not less <br />than the amount actually advanced at the time of receipt of such notice by the Beneficiary. <br />(ii) If any optional future advance is made by the Beneficiary to the Grantor or his or her <br />successor in title after receiving written notice of the filing for record of any Deed of Trust, <br />mortgage, lien, or claim against such trust property, then the amount of such optional future <br />advance shall be junior to such Deed of Trust, mortgage, lien, or claim. The notice under this <br />subdivision shall be sent by certified mail to the Beneficiary at the address of the Beneficiary set <br />-19- <br />